SANDISK CORPORATION END USER LICENSE AGREEMENT DO NOT USE THIS DEVICE OR LOAD ANY SOFTWARE INCLUDED IN THIS

PACKAGE until you have carefully read the following terms and conditions. The firmware, computer programs, device drivers, data or information ("Software") distributed or bundled with or embedded in the product is provided to you under the terms and conditions of this End User License Agreement, and may be subject to additional terms and conditions in an agreement between you and SanDisk s third party licensors. By using, downloading or installing the Software, you agree to all of the terms of this End User License Agreement between SanDisk Corporation ("SanDisk," "we," or "us") and each person who uses, downloads or installs the Software ("you" or "your"). The Software is owned by SanDisk or by others ("Licensors") who permit SanDisk to distribute their Software, either directly or through multiple tiers of licenses. If you do not agree to the following terms and conditions, do not use or install the Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. 1. Software License. Subject to the terms and conditions contained herein, SanDisk grants to you a limited, non-exclusive, non-sublicensable, transferable in accordance with these terms, royalty-free right and license under SanDisk s intellectual property rights to use the Software in executable form for SanDisk products and services solely for your personal use and, for Software distributed or bundled with the product, on a single computer (the "License"). For each licensee of Software distributed or bundled with the product, the Software can be "in use" on only one computer or hardware device at any given time. The Software is "in use" when it is either downloaded, copied, loaded into RAM or installed into the hard disk or other permanent memory of a computer or other hardware device. SanDisk and its Licensors retain all right, title and interest in and to the Software. 2. Restrictions. SanDisk or its Licensors retain all rights in the Software not expressly licensed to you. You may not modify, create derivative works (new versions) of, adapt or translate the Software. No source code is provided under this Agreement. You may not reverse engineer, disassemble, decompile, rent, or lease the Software, or re-create or discover the source code version of the Software. The Software contains proprietary and confidential information of SanDisk or its Licensors, which you agree not to discover or reveal to others . Any and all permitted copies of the Software that you make or distribute must be unmodified, must contain all of the original Software s proprietary notices, and must include or be accompanied by this Agreement. You may not separate the Software into component parts for sublicense, distribution or transfer to a third party. You may not embed the Software within any other software product or device or modify the Software in whole or in part in any manner. 3. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES. NEITHER SANDISK NOR ITS LICENSORS MAKE ANY REPRESENTATION OR WARRANTY, STATUTORY OR OTHERWISE, IN LAW OR FROM THE COURSE OF DEALING OR USAGE OF TRADE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, OR NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU, AND NOT SANDISK, ITS LICENSORS OR RESELLERS, ASSUME THE ENTIRE COST OF NECESSARY SERVICING, REPAIR, OR CORRECTION. 4. LIMITATION OF LIABILITY. IN NO EVENT WILL SANDISK OR ITS LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, LICENSORS, LICENSEES OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE DOWNLOAD, USE OR PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ANY REMEDY PROVIDED FOR HEREUNDER IN ITS ESSENTIAL PURPOSE. IN NO EVENT WILL SANDISK S OR ITS LICENSORS TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE USE OF THE SOFTWARE. 5. The Software is provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 and DFARS 252.227-7013 et seq. Use of the Software by the Government constitutes acknowledgement of SanDisk s proprietary rights therein. Contractor or Manufacturer is SanDisk Corporation, 140 Caspian Court, Sunnyvale, CA 94089. 6. Transfer. If you sell or otherwise transfer the product that incorporates the Software as a whole, you may transfer the Software as fully integrated into such product provided that you also supply this Agreement to the purchaser or recipient of the product, at which time all of your rights under this Agreement will immediately cease. Except as stated above, you may not assign or transfer this Agreement in part or in whole, and any attempt to do so shall be void. 7. Termination. We may terminate this Agreement and the license if you violate this Agreement at any time. Upon termination of this Agreement, you must delete or destroy all copies of the Software. 8. High Risk Activities. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, or any other application in which the failure of the Software could lead directl y to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). SANDISK AND ITS LICENSORS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES AND SHALL NOT BE LIABLE FOR ANY LIABILITIES OR DAMAGES ARISING FROM SUCH USE. 9. General. This Agreement contains the entire understanding between the partie s with respect to your use of the Software. If any part of this Agreement is foun d void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement is governed by and construed under the laws of the State of Calif ornia and the Federal laws of the United States of America without regard to conflicts of laws provisions thereof. The U.N. Convention on Contracts for the Internatio nal Sale of Goods shall not apply to this Agreement. Any action or proceeding arisi ng from or relating to this Agreement shall be adjudicated in the state or federal courts of Santa Clara County, California, and the parties hereby agree to the

exclusive jurisdiction and venue of such courts. You will not remove or export from the United States or reexport from anywhere any part of the Software or any direct product thereof to any country in violation of U.S. Export Administration Regulations, or a successor thereto, or otherwise except in compliance with and with all licenses and approvals required under applicable export laws and regula tions including, without limitation, those of the U.S. Department of Commerce. Any waivers or amendments of this Agreement shall be effective only if made in writing and signed by an authorized representative of each party. You agree that the Licensors suppliers are third party beneficiaries of this Agreement to enforce your performance of the terms and conditions of this Agreement. The provisions of Sections 2, 3, 4, 5, 6, 7, 8 and 9 shall survive the terminati on or expiration of this Agreement.